1. GENERAL PROVISIONS

1. Online store: Zjakazumi, operating at: www.OOAKhandmade.com, is run by: Katarzyna Zdrojewska, with its registered office at: Sokolniki 8c, 62-212 Mieleszyn, operating under the NIP number: 7842267144, REGON: 300373358.

2. These Online Store Regulations define the rules for making purchases in the online store: Zjakazumi, and in particular the rules and procedure for concluding distance selling agreements via the Store, as well as the complaint procedure and the procedure for withdrawal from the agreement by the Consumer.

3. In the scope of Services provided electronically, these Regulations are the regulations referred to in art. 9 of the Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws of 2020, item 344, as amended).

4. The Regulations are addressed to all Customers of the Store. All Customers are obliged to familiarize themselves with the provisions of the Regulations before making a purchase.

5. Each Customer is obliged to comply with the provisions of the Regulations. Sales are carried out based on the version of the Regulations in force at the time of placing the order.

6. Each Customer has the opportunity to familiarize themselves with the Regulations at any time by clicking on the hyperlink: "Store Regulations" on the Store's website: www.OOAKhandmade.com. The Regulations can be downloaded and printed at any time.

7. All information contained on the Store's website: www.OOAKhandmade.com, relating to products (including prices), does not constitute an offer within the meaning of art. 66 of the Act of 23 April 1964 - Civil Code (consolidated text: Journal of Laws of 2023, item 1610, as amended), but an invitation to conclude a contract, in accordance with art. 71 of the Act of 23 April 1964 - Civil Code (consolidated text: Journal of Laws of 2023, item 1610, as amended). By sending the Order Form, the Customer makes an offer to purchase and deliver the indicated Goods under the conditions specified in the description.

8. The products in the Store are not toys and are intended for persons over 16 years of age (small parts not suitable for children - risk of choking).

2. DEFINITIONS

Regulations – this collection of rules that organize the principles of use of the Store Services by Customers.

Consumer – a natural person concluding an Agreement through the Store that is not directly related to their business or professional activity.

Entrepreneur with consumer rights – a natural person concluding a civil law Agreement through the Store, directly related to their business activity, when the content of this Agreement indicates that it is not of a professional nature for this person, resulting in particular from the subject of the business activity performed by them, made available on the basis of the provisions on the Central Register and Information on Economic Activity. For the purposes of these Regulations, it is assumed that in the absence of a distinction between the two indicated groups of entities, the Regulations apply to both Consumers and Entrepreneurs with consumer rights.

Customer – a natural person (including a Consumer) who is at least 13 years old (provided that the consent of the legal representative is obtained), a legal person and an organizational unit that is not a legal person, to which special regulations grant legal capacity, using the Services provided by the Store.

Order Form – a Service available on the Store's website, through which the Customer can make a purchase, in particular by adding Goods, Services or digital services to the Cart and specifying specific terms of the Sales Agreement, including the method of delivery and payment.

Cart – an element of the Store, in which the Goods or Services selected by the Customer are visible, and in which the Customer has the possibility to determine and modify the Order data, including the quantity of purchased Products.

Store – an online service, belonging to the Seller, available under the domain: www.OOAKhandmade.com, through which the Customer can purchase Goods or Services from the Seller.

Seller – Zjakazumi, Katarzyna Zdrojewska, Sokolniki 8c, 62-212 Mieleszyn, NIP: 7842267144, who, conducting business or professional activity, offers sales via its website.

Goods – movable item, subject to trade between the Store and the Customer, the terms of sale of which are specified in the Order Form.

Service – non-productive business activity, provided without the simultaneous presence of the Seller and the Customer (remotely), by transmitting data at the individual request of the Customer, sent and received using devices for electronic processing, including digital compression, and data storage, which is entirely sent, received or transmitted via a telecommunications network within the meaning of the Act of 16 July 2004 – Telecommunications Law (consolidated text: Journal of Laws of 2021, item 576, as amended).

Product – any product or service, including real estate, digital services and digital content, as well as rights and obligations.

Integration – the combination of digital content or a digital service with elements of the Consumer's digital environment and their incorporation into these elements in order to ensure compliance with the Agreement on the supply of digital content or a digital service.

Compatibility – the interoperability of digital content, a digital service or a product with computer hardware or software that is normally used to use digital content, a digital service or a product of the same type, without the need to transform it.

Functionality – the ability of digital content, a digital service or a product to perform its functions, taking into account its intended use.

Interoperability – the ability of digital content, a digital service or a product to interact with computer hardware or software other than that normally used to use digital content, a digital service or a product of the same type.

E-commerce platform – a service using software, including a website, part of a website or an application, operated by or on behalf of an entrepreneur, within the framework of which Consumers can conclude distance contracts with other entrepreneurs or individuals who are not entrepreneurs in order to conclude distance contracts with other individuals who are not entrepreneurs.

Online trading platform provider – an entrepreneur who runs an online trading platform, provides entities with an online trading platform or enables the use of this platform.

Agreement – ​​a distance selling agreement for Goods, Services or digital services, concluded by the Customer via the Store, usually via the Order Form.

Customs and tax fees – a cost (customs and tax) charged on goods exported or imported from/to a given country and imposed by the state when crossing its customs border.

3. ACCEPTANCE AND FULFILLMENT OF ORDERS

1. The condition for using the Store is to read and accept these Regulations. By placing an order, the Customer accepts the content of the Regulations.

2. The Store means sponsored offers and paid advertisements. This information is presented in direct connection with a given search result, in a visible way that stands out from the general interface.

3. The price given in the order is the total value that the Customer is obliged to pay to the Seller, including the tax due (gross price). The cost of delivery is not included in the price, because it depends on the method of delivery of the Product chosen by the Customer. In the case of international shipments, any additional customs and tax fees are covered by the Customer and are not included in the price of the Product in the Store.

4. The Seller reserves the right to change the prices in the Store, introduce new Products for sale, conduct and cancel promotional campaigns, or introduce changes to them, in accordance with applicable law.

5. In the event of a promotion, the Store informs Customers about the lowest price of the Product in the last 30 days. If the Product has been on sale for less than 30 days, the price before the promotion is the lowest price since the Product was introduced to the Store. This information is presented next to the promotional price of the Product.

6. Orders from Customers are accepted using the Order Form sent via the website: www.OOAKhandmade.com or by e-mail to the address: byZjakazumi@yahoo.com, 7 days a week, 24 hours a day.

7. The Product order is made by selecting the Product that the Customer is interested in, clicking the "ADD TO CART" button located next to the Product description, and then, from the "CART" level located in the Store tab, filling out the Order Form, including selecting the form of delivery for the selected Product, and then clicking confirmation of purchase.

8. Entrepreneurs with Consumer rights should indicate, already at the time of placing an order for Products, that the purchase is not of a professional nature for them.

9. After placing the order, the Customer receives a confirmation of the placed order to their e-mail address provided in the Order Form.

10. After the Customer receives confirmation of acceptance of the offer and payment for the order is posted, the process of order fulfillment by the Seller begins.

11. Orders placed in the Store are accepted 24 hours a day, regardless of the day of the week.

12. The Customer will receive a message about the acceptance of the order for fulfillment, which is understood as a statement by the Seller about accepting the offer. Upon its receipt by the Customer, the Sales Agreement is concluded.

13. A VAT invoice is issued for each order. It will be sent at the Customer's request (Article 106b, paragraph 3 of the Act of 11 March 2004 on the tax on goods and services, consolidated text Journal of Laws of 2023, item 1570, as amended).

14. Available means of communication between the Customer and the Store are:

a) E-mail - byZjakazumi@yahoo.com

b) Instagram - https://www.instagram.com/zjakazumi_dolls/

c) WhatsApp - 783873373

d) Correspondence address - Zjakazumi Katarzyna Zdrojewska, Sokolniki 8c, 62-212 Mieleszyn, Poland

15. The Seller does not verify the authenticity of Customer reviews about Products purchased in the Store.

4.DELIVERY AND TRANSPORT COSTS

1. Orders placed in the Store are shipped via:

- FedEx courier - PLN 67,65

- Polish Post - PLN 27,06

2. Orders placed in the Store are accepted 24 hours a day, regardless of the day of the week

3. Products are made to order, so the waiting time depends on the number of current orders. The standard time to make a doll is from 5 to 30 days, the Customer will receive information about the approximate shipping time after ordering.

4. International shipments are sent via Fedex (about 5 business days from the moment of sending the shipment - not to be confused with the date of purchase) or the cheaper option by Polish Post (usually from 3 to 6 weeks). In both cases, the Customer receives a shipment tracking number and a link to track the status.

5. The Seller is not responsible for delays resulting from the carrier's fault.

6. In the event of damage to the shipment, the Customer should contact the carrier and draw up a damage report.

7. Personal collection is not possible, only mail order sales.

5. PAYMENT PROCESSING

1. Within the framework of the Store's operation, the following payment methods are possible:

a) by bank transfer, to the bank account:

- mBank 10114020040000300274146627 - orders in PLN

- mBank PL68114020040000341218510518 - orders in USD

- mBank PL04114020040000321218510507 - orders in EUR

BIC number - BREXPLPWMBK

b) online payments: The entity providing online payment services is Autopay S.A.

"Available payment methods:

Payment cards:

* Visa

* Visa Electron

* Mastercard

* MasterCard Electronic

* Maestro"

2. Detailed rules and conditions for making payments through banks or other available services are specified in the relevant regulations of the relevant banks and services.

3. The Customer who has chosen the option of payment by bank transfer is obliged to pay the fee for the placed order within five (5) business days from the date of placing the order. Otherwise, the Seller's offer is not binding and the order is removed from the system. In the payment title, it is enough to provide only the number of the order being placed. It is possible to extend the payment deadline, after informing the Store service about this fact: byZjakazumi@yahoo.com (e-mail)

6. COMPLAINT

1. The Seller shall be liable for the non-conformity of the Product with the Agreement. The provisions of the Act of 23 April 1964, the Civil Code (consolidated text: Journal of Laws of 2023, item 1610, as amended), regarding warranty for defects, shall not apply to agreements requiring the transfer of ownership of the Product to the Consumer, including in particular sales agreements, delivery agreements and agreements for a specific work being the Product.

2. The Seller shall be liable for the lack of conformity of the Product with the Agreement, which lack exists at the time of its delivery and is revealed within two (2) years from that time, unless the expiry date of the Product, specified by the Seller, its legal predecessors or persons acting on their behalf, is longer. It is presumed that the lack of conformity of the Product with the Agreement, which became apparent before the expiry of two (2) years from the date of delivery of the Product, existed at the time of its delivery, unless it is proven otherwise or this presumption cannot be reconciled with the specificity of the Product or the nature of the lack of conformity of the Product with the Agreement.

3. If the Product is not in conformity with the Agreement, the Consumer may request its repair or replacement. The Seller may replace it when the Consumer requests repair, or the Seller may repair it when the Consumer requests replacement, if bringing the Product into conformity with the Agreement, in the manner chosen by the Consumer, is impossible or would require excessive costs for the Seller. If repair and replacement are impossible or would require excessive costs for the Seller, the Seller may refuse to bring the Product into conformity with the Agreement.

4. The Seller shall repair or replace within a reasonable time from the moment the Consumer has informed him of the lack of conformity with the Agreement, and without excessive inconvenience to the Consumer, taking into account the specificity of the Product and the purpose for which the Consumer purchased it. The costs of repair or replacement, including in particular the costs of postage, transport, labour and materials, shall be borne by the Seller. For this purpose, the Consumer shall make the Product available to the Seller, subject to repair or replacement. The Seller shall collect the Product from the Consumer at his own expense.

5. If the Product is not in conformity with the Agreement, the Consumer may submit a declaration of a price reduction or withdrawal from the Agreement, when:

a) the Seller has refused to bring the Product into conformity with the Agreement;

b) the Seller has not brought the Product into conformity with the Agreement;

c) the lack of conformity of the Product with the Agreement persists, despite the Seller's attempts to bring the Product into conformity with the Agreement;

d) the lack of conformity of the Product with the Agreement is significant enough to justify a price reduction or withdrawal from the Agreement, without prior request for its repair or replacement;

e) it clearly follows from the Seller's statement or circumstances that he will not bring the Product into conformity with the Agreement within a reasonable time or without excessive inconvenience to the Consumer.

5. The reduced price must remain in such proportion to the price resulting from the Agreement in which the value of the Product not in conformity with the Agreement remains to the value of the product in conformity with the Agreement. The Seller shall return to the Consumer the amounts due as a result of exercising the right to reduce the price, immediately, no later than within fourteen (14) days from the date of receipt of the Consumer's statement on the price reduction.

6. The Consumer may not withdraw from the Agreement if the lack of conformity of the Product with the Agreement is immaterial. It is presumed that the lack of conformity of the Product with the Agreement is significant.

7. If the product was made strictly in accordance with the Buyer's instructions, the goods cannot be returned.

8. Complaints regarding Products may be submitted:

a) in writing, to the Seller's registered office address: Zjakazumi Katarzyna Zdrojewska, Sokolniki 8c, 62-212 Mieleszyn, Poland

b) by e-mail, to the e-mail address: byZjakazumi@yahoo.com

9. The complaint should include:

a) details of the person filing the complaint (name and surname, correspondence address, e-mail address and contact phone number);

b) indication of the reason for the complaint and the content of the request;

c) the Order number, shown in the confirmation of acceptance of the Order;

d) the original or a copy of the proof of purchase (e.g. receipt or invoice) may facilitate filing a complaint, but is not necessary to do so.

RIGHT OF WITHDRAWAL

1. In accordance with the Act of 30 May 2014 on consumer rights (Journal of Laws of 2020, item 287, as amended), the Consumer may withdraw from the Agreement concerning Products purchased in the Store, without giving a reason, by submitting an appropriate written declaration, within fourteen (14) days, counted from the date of delivery of the Goods (i.e. from the date of receipt of the Goods by the Consumer) of receipt of the Service, content or digital service. This deadline is considered to have been met if the Consumer sends the declaration before its expiry.

2. The Consumer may withdraw from the Agreement by submitting a declaration of withdrawal from the Agreement to the Seller. 

3. The declaration of withdrawal from the Agreement should be sent to the following address: Zjakazumi Katarzyna Zdrojewska, Sokolniki 8c, 62-212 Mieleszyn, Poland.

4. The Consumer shall return the Goods to the Seller within fourteen (14) days from the date on which he withdrew from the Agreement. To meet the deadline, it is sufficient to return the Goods before it expires.

5. The Consumer shall bear only the direct costs of returning the Goods.

6. The Goods should be returned to the Seller's address: Zjakazumi Katarzyna Zdrojewska, Sokolniki 8c, 62-212 Mieleszyn, Poland.

7. The Seller, within fourteen (14) days from the date of receipt of the declaration of withdrawal from the Agreement, shall return to the Consumer all payments made by him, including the cost of delivering the Goods, provided that the payment shall not be returned until the Goods are received back or the Consumer provides proof of their return.

8. If the Consumer has chosen a method of delivery of the Goods other than the cheapest method of delivery offered by the Seller, the Seller is not obliged to reimburse the Consumer for the additional costs incurred by him/her.

9. The Seller will refund the payment using the same method of payment as used by the Consumer.

10. The Consumer is liable for a decrease in the value of the Product resulting from its use in a way that goes beyond what is necessary to determine the nature, characteristics and functioning of the Product.

11. The right to withdraw from the Sales Agreement does not apply to the Consumer in relation to the Agreement:

a) in which the subject of the provision is non-prefabricated Goods, manufactured according to the Consumer's specifications or intended to meet his/her individual needs;

b) in which the subject of the provision is Goods that deteriorate quickly or have a short shelf life;

c) where the subject of the service is alcoholic beverages, the price of which was agreed upon at the conclusion of the Agreement, and the delivery of which may only take place after 30 days and the value of which depends on market fluctuations over which the Seller has no control;

d) where the subject of the service is Goods delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery;

e) where the subject of the service is Goods, which after delivery, due to their nature, are inseparably connected with other goods;

f) where the subject of the service is audio or visual recordings or computer programs, delivered in a sealed package, if the package was opened after delivery;

g) for the delivery of newspapers, periodicals or magazines, with the exception of a subscription agreement;

h) where the price or remuneration depends on financial market fluctuations over which the Seller has no control and which may occur before the expiry of the period for withdrawal from the Agreement;

i) for the delivery of Goods with digital elements, digital services or digital content, not delivered on a tangible medium, for which the Consumer is obliged to pay the price, if the Seller commenced the provision with the express and prior consent of the Consumer, who was informed before the commencement of the provision that after the Seller has fulfilled the provision, the Consumer will lose the right to withdraw from the Agreement, and has acknowledged this, and the Seller has provided him with confirmation;

j) concluded by way of a public auction;

k) for the provision of services in the field of accommodation, other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the Agreement specifies the day or period of provision of the service;

l) in which the Consumer has expressly requested the Seller to come to him for the purpose of urgent repair or maintenance; if the Seller provides additional services other than those requested by the Consumer, or supplies goods other than spare parts necessary for repair or maintenance - the right to withdraw from the Agreement shall be granted to the Consumer in relation to additional Services or Goods;

m) on the certificate of services, which is the basis for payment of the price, in the case where the Consumer is specified by the Seller to come to him for repair, and the service has already been fully sent for the express and forwarded Consumer.

12. The right to withdraw from the contract covering distance is available to Consumers and Entrepreneurs with the rights of Consumers.

13. The right to withdraw from the Agreement does not apply to the purchase of custom-made products.

OUT-OF-COURT DISPUTE RESOLUTION

1. If the complaint procedure does not bring the result expected by the Consumer, the Consumer may use, among others:

Mediation conducted by the competent Provincial Inspectorate of Trade Inspection, to which a request for mediation should be submitted. As a rule, the procedure is free of charge. The list of Inspectorates is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq595.

Assistance from the competent permanent consumer arbitration court, operating at the Provincial Inspectorate of Trade Inspection, to which an application for consideration of the case before the arbitration court should be submitted. As a rule, the procedure is free of charge. The list of courts is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq596.

Free assistance from the municipal or district consumer ombudsman.

The ODR online platform, available at: http://ec.europa.eu/consumers/odr/.

2. This chapter entitled "Out-of-court dispute resolution" does not apply to Entrepreneurs with Consumer rights.

By placing an order, you agree to the terms contained in the store's regulations.

9. PERSONAL DATA PROTECTION

1. By placing an order, the Customer agrees to the processing of personal data provided by him/her for the purpose of fulfilling and handling the order by the Seller, who is also the controller of personal data, within the meaning of Article 7 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), Official Journal of the EU L 119, 4 May 2016, pp. 1–88.

2. The controller of personal data provided by the Customer when using the Store is the Seller.

3. Personal data contained in the Seller's database are not transferred to entities that do not participate in the execution of the Agreement.

4. The Customer, in accordance with Article 15 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), OJ EU L 119, 4 May 2016, pp. 1–88 has the right to access their personal data, may request their correction or deletion. The Seller provides each Customer with the right to control the personal data being processed.

5. Providing personal data is voluntary, however, failure to consent to the processing of personal data prevents the Customer from fulfilling the order.

6. Detailed information on personal data and privacy protection is included in the "Privacy Policy" tab on the Store's website.

10. FINAL PROVISIONS

1. The Regulations define the rules for concluding and performing the Sales Agreement for Products located on the Store's website.

2. The Sales Agreement is concluded between the Customer and the Seller.

3. The Regulations are available to all Customers in electronic form on the Store's website: www.OOAKhandmade.com, in the tab: "Store Regulations".

4. In order to use the Store's Services, it is necessary to have devices that allow access to the Internet and an Internet browser that allows you to display www pages, as well as provide an e-mail address that allows you to send information regarding the execution of the order.

5. It is prohibited for all persons, including Customers, to post illegal content on the Store's website.

6. In matters not regulated by these Regulations, the relevant provisions of generally applicable law shall apply.

7. The Regulations do not exclude or limit any rights of the Customer, who is a Consumer, to which they are entitled under mandatory provisions of law. In the event of a conflict between the provisions of the Regulations and mandatory provisions of law granting rights to consumers, the provisions of law shall prevail.

8. Provisions of the Regulations that are less favorable to the Consumer than the provisions of the Act of 30 May 2014 on consumer rights (consolidated text: Journal of Laws of 2020, item 287, as amended) shall be invalid, and the provisions of the Act shall apply in their place.

9. In the event that any provision of these Regulations is or should become invalid or ineffective, the validity of the entire Regulations in their remaining part shall remain unaffected. In such a case, the Parties shall replace the invalid or ineffective provision with another that reflects the intended economic purpose as closely as possible. This also applies to any gaps in the Regulations accordingly.

Appendix 1: Withdrawal form from the contract concluded by the Consumer and the Entrepreneur with the rights of the Consumer 

City/Village: ___________, date: __________ r.

Consumer/Entrepreneur with the rights of the Consumer: Name and surname: ________________ Address: ________________ E-mail: ________________ Tel: ________________ Entrepreneur: Name: Zjakazumi Address: Sokolniki 8c, 62-212 Mieleszyn, Poland WITHDRAWAL FORM FROM THE CONTRACT BY THE CONSUMER OR ENTREPRENEUR WITH THE RIGHTS OF THE CONSUMER issue, acting under art. 27 of the Act of 30 May 2014 on consumer rights (consolidated text: Journal of Laws of 2020, item 287, as amended), in the following wording: Art. 27 of the Consumer Rights Act A consumer who is used remotely or outside the premises of a business may, within 14 days of dispatch, withdraw from it without delivery and without incurring costs, from the costs in art. 33, art. 34, section 2 I, art. 35. I hereby inform you about the withdrawal from the contract concluded on ______________, download to: ________________________________________________________________________________________________________________________________________________________________________________________________ ___________________________________________________________________________________________________________________________ In connection with the application, I kindly ask for a refund accepted, accepted with withdrawal from the contract: ______________ PLN (in words: ___________________________________________________________), to be transferred to your bank number: _________________________.

Instruction: The consumer, as well as the entrepreneur with the rights of the consumer, has the right to withdraw from the contract within 14 days, without a previous, and in the case of an unscheduled presence at the place of occurrence or a related stay of the consumer or a trip - within 30 days. The deadline for withdrawal from the solution expires after 14 days from the key day or in the containing the consumer, who left according to the item/batch of items or parts or in a third party, other than the one indicated and indicated by the consumer, the premise according to the item/batch or parts, and in the case of an unscheduled presence at the place of residence or a combination of the consumer's stay or a trip - after 30 days from the day of entry into this item/batch of items. To access the right of withdrawal, the Consumer must be the Seller, i.e. Zjakazumi, at the address: Sokolniki 8c, 62-212 Mieleszyn, at the e-mail address: byZjakazumi@yahoo.com, of his decision to withdraw from the contract by way of action, which was applied as a result or executive solution. The Consumer may be subject to the provisions on withdrawal from the contract, applicable to the application of the Regulations, which is not mandatory. The deadline will be displayed as observed when the sent message is sent, notification of the exercise of the right of withdrawal, before the deadline for withdrawal from the contract. The Consumer should return or make the Product available to the Seller, at the address: Sokolniki 8c, 62-212 Mieleszyn, history, and in any case no later than 14 days from the date, with the notification of the Seller of the withdrawal from the Agreement. This term applies to the preserved, waste Consumer sent the Product to the Seller, before the 14-day period.

In the event of withdrawal from the shipping contract, the Consumer all payments received from the Consumer, including the costs of delivering the Product (from other costs that will be transferred by the Consumer to a method of delivery other than the cheapest and usual method of delivery offered by the seller), the occurrence, and in the earlier Case no later than 14 days from the day on which the seller was introduced to gain access to the right to withdraw from the contract. It may appear with the refund of payment until the receipt of the product or until the Consumer delivers it, its return, as a result of the one that occurred earlier. Receiving a refund of payment using the same method of payment that was sent by the Consumer as a result of the reaction that the Consumer was given a different solution - in each case the Consumer did not incur any fees in connection with this refund.

With respect __________________ (handwritten signature of the Consumer/Entrepreneur on the rights of the Consumer)